[Opinion] Catching Fleeing Criminals Requires Innovative Measures

'Freestyle Unexecuted Cases' Reach Record High
Limitations in Response to Non-Detention and Overseas Evasion
Need for Manpower Expansion and Introduction of Tracking Techniques

The phrase ‘1do (逃), 2bu (否), 3bae (背)’ is commonly used in the world of criminals who face investigation by the police or prosecutors in criminal cases. It means "first run away, deny if caught, and if that fails, find a powerful connection to use so-called ‘backing’," and is used to mock the authority and enforcement of the law.

Even after being sentenced to imprisonment or detention by the court and the sentence being finalized, the number of ‘unexecuted custodial sentences’?those whose custody has not been secured and thus the sentence cannot be enforced?reached a record high of 2,347 last year. The numbers have been increasing by double digits annually: 1,363 in 2017, 1,440 in 2018, 1,470 in 2019, and 1,964 in 2020.

The causes include the expansion of non-custodial trials, the increasing sophistication of escape methods, and the rise in overseas flight. The problem is that the government has not properly responded to this increase in unexecuted custodial sentences, for the following reasons.

First, the prosecution office responsible for enforcing sentences is severely understaffed in dedicated personnel for apprehending fugitives. Moreover, those who do work on this are employees who rotate through administrative, investigative, and trial duties, so their expertise is not high. Under the current system, it is already difficult to apprehend the approximately 100,000 wanted persons who have unpaid fines annually. In addition to unexecuted custodial sentences, there are about 24,000 cases per year where suspects disappear during trial and arrest warrants are issued; these individuals are highly likely to receive custodial sentences, but there is no capacity to pursue their capture. This is because resources are already strained prioritizing the apprehension of fine defaulters and unexecuted custodial sentence subjects.

Tracking criminals who escape intelligently requires persistent determination and accumulated experience. Like the US Marshals under the US Department of Justice, a specialized organization dedicated solely to tracking fugitives with judicial arrest warrants is necessary. The American TV drama ‘The Fugitive,’ which was very popular in Korea in the 1960s, was remade into a film in 1993. Harrison Ford played Dr. Richard Kimble, the fugitive, and Tommy Lee Jones played the US Marshal pursuing Kimble. The portrayal of the US Marshal, who coolly judges every situation and never gives up the chase unless the fugitive’s death is confirmed, is impressive. The US Marshals are famous for having overseas branches and pursuing criminals to the ends of the earth, earning the trust of Americans.

Second, laws and systems necessary for the effective enforcement of sentences are insufficient and need improvement. South Korea relies almost entirely on analyzing the ‘base stations’ of mobile phone usage areas, which is a primitive tracking method. Current laws do not permit compulsory investigations such as identifying escape routes or escape funds for sentence enforcement. Collecting location information from mobile phones, which is represented as points, or attaching tracking devices to suspect vehicles is something seen only in American movies and is impossible in Korea. The failure to capture Yoo Byung-eun despite mobilizing all public authority was due to this reason. Nothing has changed since then. At minimum, for serious crimes agreed upon by the public, location information collection should be allowed with a judge’s warrant.

The realization of justice and fairness must start with setting the basics right. The fundamental trust in the state is that escaped criminals will be caught and their sentences enforced. This is why everyone should take an interest and spare no support in swiftly apprehending serious criminals whose sentences have been finalized or are expected to be finalized.

Kim Ki-dong, Chief Attorney at Law, Law Firm Robaeks

This content was produced with the assistance of AI translation services.